Worcester proposes plan for marijuana dispensary sites

Friday

Aug 16, 2013 at 10:26 PMAug 16, 2013 at 10:26 PM

By Nick Kotsopoulos, TELEGRAM & GAZETTE STAFF

WORCESTER — The city administration has proposed limiting the siting of registered medical marijuana dispensaries to areas of the city zoned for commercial/medical, business-general, manufacturing or institutional-hospital use.

Timothy J. McGourthy, the city's chief development officer, said the zoning ordinance amendment being proposed would allow medical marijuana dispensaries in most higher-density areas of the city, including the downtown and primary commercial/industrial corridors.

They would not be allow in neighborhood centers, however.

Without the zoning restrictions, medical marijuana dispensaries could locate anywhere in the city, except for within 500 feet of a school, day care center or facility in which children commonly congregate, Mr. McGourthy said. That, in turn, would allow the siting of medical marijuana dispensaries in most residential neighborhoods.

In addition, City Manager Michael V. O'Brien said if the city fails to act quickly in adopting zoning regulations for dispensaries, the "hardship provision" of the state medical marijuana law would enable qualifying patients to cultivate marijuana anywhere in the city in an enclosed, locked facility.

"Given safety concerns related to home cultivation, with recognition of the medical exigencies behind the law, (the city) has expedited its research and development of local regulations appropriate to the situation," Mr. O'Brien wrote in a report that goes before the City Council Tuesday night.

"At this time, we believe it is important for the city to establish clear zoning controls to ensure the proper location and operation for registered medical marijuana dispensaries and related cultivated," he added. "At a minimum, the city's zoning ordinance must be amended to allow both registered medical marijuana dispensaries and marijuana cultivation facilities since neither use exists within our zoning ordinance and therefore is not allows.

Massachusetts voters approved a referendum in last November's election to legalize marijuana for medicinal purposes.

Under the law, which won the support of 63 percent of the voters, as many as 35 centers can open next year, with a maximum of five centers per county.

In May, the state's Public Health Council unanimously approved regulations related to the medical use of marijuana, which became effective May 24. The regulations provide guidance on restrictions for medical marijuana dispensaries and related cultivation that impacts localities.

Mr. O'Brien said while the primary responsibility for medical marijuana regulation and control lies with the state, he said the state regulations allow communities to regulate siting through local zoning controls.

Municipalities are not allowed to ban medical marijuana facilities.

To deal with the siting issue, the city manager established a working group consisting of officials from various municipal departments and divisions.

In addition to restricting medical marijuana dispensaries to certain zones, the recommendation submitted to City Council for consideration calls for a 300-foot buffer from any public or private school, licensed day care center, public library, public park or playground, or residential zone.

The city administration has also recommended a 300-foot buffer between any two medical marijuana dispensaries.

While the buffer zone being recommended by the administration is not as large as the 500-foot buffer outlined in state Department of Public Health regulations, city officials said it would be similar to the 300-foot buffer called for in the Massachusetts Drug Free School zone law.

"If operated properly, the (medical marijuana dispensaries) will have similar characteristics to clinic and drugstore uses which do not require buffers," Mr. McGourthy said. "However, buffering was included in the regulations adopted by the state presumably as a prudent first step until the uncertainty associated with the proper implementation and enforcement of these new regulations has been demonstrated. We agree with this approach."

Since the state will begin accepting applications for medical marijuana dispensaries on Thursday, Mr. O'Brien said it is very important for the city to begin its formal consideration of land use regulations immediately to allow this use as required by state law.

"If there is no local zoning restriction, (medical marijuana dispensaries) will be authorized under state law to site in most areas of the city," he said.